NRS 440.300 Certificate
of birth: Supplemental report of name required for unnamed child.

NRS 440.303 Certificate
of birth: Replacement of certificate written in foreign language; application
for and preparation of new certificate written in English.

NRS 440.305 Certificate
of birth: State Registrar to change name on certificate upon request of certain
persons.

NRS 440.310 Certified
reports and other documents pertaining to adoption: Duties of State Registrar;
opening of sealed documents upon order of court.

NRS 440.315 Certificate
of birth: Removal of notation of illegitimacy; application for and issuance of
new certificate.

NRS 440.325 Certificate
of birth: Issuance of new certificate upon establishment of paternity;
availability of record on court order; availability of records to Division of
Welfare and Supportive Services of Department of Health and Human Services.

NRS 440.010“Board” defined.As
used in this chapter, “Board” means the State Board of Health.

[Part 25a:199:1911; added 1941, 381; 1931 NCL §
5259.01]

NRS 440.020“Dead body” defined.As
used in this chapter, “dead body” means a lifeless human body, or such severed
parts of the human body or the bones thereof, from the state of which it
reasonably may be concluded that death had recently occurred, and where the
circumstances under which such dead body was found indicate that the death has
not been recorded.

[Part 25a:199:1911; added 1941, 381; 1931 NCL §
5259.01]

NRS 440.025“Human remains” and “remains” defined.As
used in this chapter “human remains” or “remains” means the body of a deceased
person, and includes the body in any state of decomposition and the cremated
remains of a body.

(Added to NRS by 1961, 255)

NRS 440.030“Live birth” defined.As
used in this chapter, “live birth” means a birth in which the child shows
evidence of life after complete birth. A birth is complete when the child is
entirely outside the mother, even if the cord is uncut and the placenta still
attached. The words “evidence of life” include heart action, breathing or
coordinated movement of voluntary muscle.

[Part 25a:199:1911; added 1941, 381; 1931 NCL §
5259.01]

NRS 440.040“Person in charge of interment” defined.As used in this chapter, “person in charge of
interment” means any person who places, or causes to be placed, a deceased
stillborn child, or dead body, or, after cremation, the ashes thereof, in the
earth, a grave, tomb, vault, urn or other receptacle, either in a cemetery or
at any other place, or otherwise disposes thereof.

[Part 25a:199:1911; added 1941, 381; 1931 NCL §
5259.01]

NRS 440.050“Physician” defined.As
used in this chapter, “physician” is limited to a person authorized under the
laws of this State to practice as such.

NRS 440.085Chapter inapplicable to remains of native Indian.The provisions of this chapter do not apply to
the interment, removal or other disposition of the human remains of a native
Indian pursuant to NRS 383.150 to 383.190, inclusive.

NRS 440.090Requisites of certificates.All
certificates, either of birth, death or stillbirth, shall be written legibly,
in unfading black ink, or typewritten, and no certificate shall be held to be
complete and correct that does not supply all of the items of information
called for, or satisfactorily account for their omission.

[Part 14:199:1911; A 1941, 381; 1931 NCL § 5248]

NRS 440.100Persons required to furnish information.All physicians, registered nurses, midwives,
informants or funeral directors, and all other persons having knowledge of the
facts, shall furnish such information as they may possess regarding any birth
or death upon demand of the State Registrar, in person, by mail, or through the
local health officer.

NRS 440.110State Registrar of Vital Statistics.The
Administrator of the Division of Public and Behavioral Health of the Department
of Health and Human Services is the State Registrar of Vital Statistics.

NRS 440.130Preparation and distribution of forms and blanks; charge for
blank certificate.

1. The Board shall prepare, print and
supply to all local health officers all blanks and forms used in registering,
recording and preserving the returns, or in otherwise carrying out the purposes
of this chapter.

2. The State Registrar shall charge for
each blank certificate of birth, death or stillbirth a fee of $1.

NRS 440.140Preparation and issuance of instructions; use of other forms and
blanks prohibited.The Board shall
prepare and issue such detailed instructions as may be required to procure the
uniform observance of this chapter and the maintenance of a perfect system of
registration, and no forms or blanks other than those so prepared shall be
used.

[Part 18:199:1911; RL § 2969; NCL § 5252]

NRS 440.150Examination and supplementation of certificates.The State Registrar shall carefully examine
the certificates received from the local health officers, and if they are
incomplete or unsatisfactory the State Registrar shall require such further
information to be furnished as may be necessary to make the record complete and
satisfactory.

[Part 18:199:1911; RL § 2969; NCL § 5252]

NRS 440.155Registration of altered or amended certificates.

1. The State Registrar may approve an
application for the registration of an altered or amended certificate if:

(a) The applicant has submitted an application
prescribed by the Board;

(b) The State Registrar has received all
documentation which is required in support of the altered certificate; and

(c) The State Registrar has verified the validity
and adequacy of the documentation.

2. The evidence affecting the alteration
of a certificate, after it has been filed with the State Registrar, must be
kept in a special permanent file.

3. The State Registrar shall dismiss an
application for the registration of an altered certificate if the documentation
submitted by the applicant does not comply with the requirements prescribed by
the Board or if the State Registrar has cause to question the validity or
adequacy of the documentation submitted by the applicant.

4. If the State Registrar dismisses an
application for the registration of an altered certificate, the State Registrar
shall inform the applicant of his or her right to seek a court order for the
registration.

NRS 440.160Preservation, indexing and copying of certificates.The State Registrar shall:

1. Arrange and permanently preserve the
certificates in a systematic manner.

2. Prepare and maintain a comprehensive
and continuous index of all births and deaths registered. The index must show
the name of the child or the deceased, the place and date of birth or death and
the number of the certificate. When a certificate of birth indicates that a
person has changed his or her name, the index must contain an entry for each
name.

3. Make a complete and accurate copy of
each vital statistic, including, without limitation, using typewritten,
photographic, electronic or other means of reproduction approved by the Board.
Such a copy, when verified and approved by the State Registrar, shall be deemed
to be the original record, and the original record may be disposed of in
accordance with the regulations adopted by the Board.

NRS 440.165Reproduction of original records and files.To preserve vital statistics, the State
Registrar is authorized to prepare typewritten, photographic, electronic or
other reproductions of original records and files in his or her office. Such
reproductions, when verified and approved by the State Registrar, shall be
deemed to be the original record, and the original record may be disposed of in
accordance with the regulations adopted by the Board.

1. All certificates in the custody of the
State Registrar are open to inspection subject to the provisions of this
chapter. It is unlawful for any employee of the State to disclose data contained
in vital statistics, except as authorized by this chapter or by the Board.

2. Information in vital statistics
indicating that a birth occurred out of wedlock must not be disclosed except
upon order of a court of competent jurisdiction.

3. The Board:

(a) Shall allow the use of data contained in
vital statistics to carry out the provisions of NRS 442.300 to 442.330, inclusive;

(b) Shall allow the use of certificates of death
by a multidisciplinary team:

(1) To review the death of the victim of a
crime that constitutes domestic violence organized or sponsored pursuant to NRS 217.475 or 228.495; and

NRS 440.210Certificates of birth and death: Examination by local health
officer.Each local health officer
shall carefully examine each certificate of birth or death when presented for
record to see that it has been made out in accordance with the provisions of
this chapter and the instructions of the Board.

[Part 19:199:1911; RL § 2970; NCL § 5253]

NRS 440.220Certificates of birth and death: Enforcement of requirements by
local health officer.

1. If any certificate of death is
incomplete or unsatisfactory, the local health officer shall call attention to
the defects in the return and withhold issuing the burial or removal permit
until the defects are corrected.

2. If any certificate of birth is
incomplete, the local health officer shall immediately notify the person who
produced the certificate and require him or her to supply the missing items if
they can be obtained.

NRS 440.230Certificates of birth and death: Numbering; attestation of date
of filing by local health officer.The
local health officer shall number consecutively the certificates of birth and
death, in two separate series, beginning with the number 1 for the first birth
and the first death occurring in each calendar year, and sign his or her name
as health officer in attest of the date of filing in his or her office.

[Part 19:199:1911; RL § 2970; NCL § 5253]

NRS 440.240Certificates of birth and death: Preservation of copies by local
health officer.The local health
officer shall make a complete and accurate copy of each birth and death
certificate registered by him or her in the format prescribed by the State
Registrar. The copies shall be preserved permanently in his or her office as
the local record in such manner as directed by the Board.

NRS 440.250Certificates of birth and death: Filing by deputy county health
officer; filing of list of deceased persons with public administrator.

1. Not later than the fifth day of each
month, deputy county health officers shall file with the county health officer
all original birth and death certificates executed by them.

2. Within 5 days after receipt of the
original death certificates, the county health officer shall file with the
public administrator a written list of the names and social security numbers of
all deceased persons and the names of their next of kin as those names appear
on the certificates.

NRS 440.260Certificates of birth and death: Time for delivery to State
Registrar.On the 10th day of each
month the local health officer shall transmit to the State Registrar all
original certificates registered by him or her during the preceding month. If
no births or deaths occurred in any month, the local health officer shall
report that fact to the State Registrar, on the 10th day of the following
month, on a card provided for that purpose.

[Part 19:199:1911; RL § 2970; NCL § 5253]—(NRS A
1963, 943)

REGISTRATION OF BIRTH

NRS 440.270Immediate registration required.All
births that occur in this state shall be registered immediately in the
registration districts in which they occur, pursuant to this chapter.

1. If a birth occurs in a hospital or the
mother and child are immediately transported to a hospital, the person in
charge of the hospital or his or her designated representative shall obtain the
necessary information, prepare a birth certificate, secure the signatures
required by the certificate and file it within 10 days with the health officer
of the registration district where the birth occurred. The physician in
attendance shall provide the medical information required by the certificate
and certify to the fact of birth within 72 hours after the birth. If the
physician does not certify to the fact of birth within the required 72 hours,
the person in charge of the hospital or the designated representative shall
complete and sign the certification.

2. If a birth occurs outside a hospital
and the mother and child are not immediately transported to a hospital, the
birth certificate must be prepared and filed by one of the following persons in
the following order of priority:

(a) The physician in attendance at or immediately
after the birth.

(b) Any other person in attendance at or
immediately after the birth.

(c) The father, mother or, if the father is
absent and the mother is incapacitated, the person in charge of the premises
where the birth occurred.

3. If a birth occurs in a moving
conveyance, the place of birth is the place where the child is removed from the
conveyance.

4. In cities, the certificate of birth
must be filed sooner than 10 days after the birth if so required by municipal
ordinance or regulation.

5. If the mother was:

(a) Married at the time of birth, the name of her
husband must be entered on the certificate as the father of the child unless:

(1) A court has issued an order
establishing that a person other than the mother’s husband is the father of the
child; or

(2) The mother and a person other than the
mother’s husband have signed a declaration for the voluntary acknowledgment of
paternity developed by the Board pursuant to NRS
440.283.

(b) Widowed at the time of birth but married at
the time of conception, the name of her husband at the time of conception must
be entered on the certificate as the father of the child unless:

(1) A court has issued an order
establishing that a person other than the mother’s husband at the time of
conception is the father of the child; or

(2) The mother and a person other than the
mother’s husband at the time of conception have signed a declaration for the
voluntary acknowledgment of paternity developed by the Board pursuant to NRS 440.283.

6. If the mother was unmarried at the time
of birth, the name of the father may be entered on the original certificate of
birth only if:

(a) The provisions of paragraph (b) of subsection
5 are applicable;

(b) A court has issued an order establishing that
the person is the father of the child; or

(c) The mother and father of the child have
signed a declaration for the voluntary acknowledgment of paternity developed by
the Board pursuant to NRS 440.283. If both the
father and mother execute a declaration consenting to the use of the surname of
the father as the surname of the child, the name of the father must be entered
on the original certificate of birth and the surname of the father must be
entered thereon as the surname of the child.

7. An order entered or a declaration
executed pursuant to subsection 6 must be submitted to the local health
officer, the local health officer’s authorized representative, or the attending
physician or midwife before a proper certificate of birth is forwarded to the
State Registrar. The order or declaration must then be delivered to the State
Registrar for filing. The State Registrar’s file of orders and declarations
must be sealed and the contents of the file may be examined only upon order of
a court of competent jurisdiction or at the request of the father or mother or
the Division of Welfare and Supportive Services of the Department of Health and
Human Services as necessary to carry out the provisions of 42 U.S.C. § 654a.
The local health officer shall complete the original certificate of birth in
accordance with subsection 6 and other provisions of this chapter.

8. As used in this section, “court” has
the meaning ascribed to it in NRS 125B.004.

NRS 440.283Voluntary acknowledgment of paternity: Board to develop and
distribute declarations to be signed; certain entities to provide services and
notice concerning effect of declaration.

1. The Board shall:

(a) Develop a declaration to be signed under
penalty of perjury for the voluntary acknowledgment of paternity in this State
that complies with the requirements prescribed by the Secretary of Health and
Human Services pursuant to 42 U.S.C. § 652(a); and

(b) Distribute the declarations to:

(1) Each hospital or obstetric center in
this State; and

(2) Any other entity authorized to provide
services relating to the voluntary acknowledgment of paternity pursuant to the
regulations adopted by the Secretary of Health and Human Services pursuant to
42 U.S.C. § 666(a)(5)(C).

2. Subject to the provisions of subsection
3, the State Registrar of Vital Statistics and the entities described in
paragraph (b) of subsection 1 shall offer to provide services relating to the
voluntary acknowledgment of paternity in the manner prescribed in the
regulations adopted by the Secretary of Health and Human Services pursuant to
42 U.S.C. § 666(a)(5)(C).

3. Before providing a declaration for the
acknowledgment of paternity to the mother of a child or a person who wishes to
acknowledge the paternity of the child, the agencies described in paragraph (b)
of subsection 1 shall ensure that the mother and the person who wishes to
acknowledge paternity are given notice, orally and in writing, of the rights,
responsibilities and legal consequences of, and the alternatives to, signing
the declaration for the acknowledgment of paternity.

NRS 440.287Rescission of declaration for voluntary acknowledgment of
paternity.

1. If a mother or a person who has signed
a declaration for the voluntary acknowledgment of paternity with the mother
rescinds the acknowledgment pursuant to subsection 2 of NRS 126.053, the State Registrar shall not
issue a new certificate of birth to remove the name of the person who
originally acknowledged paternity unless a court issues an order establishing
that the person who acknowledged paternity is not the father of the child.

2. As used in this section, “court” has
the meaning ascribed to it in NRS
125B.004.

NRS 440.290Certificate of birth: Form and contents.The form of the birth certificate to be used
under this chapter shall include as a minimum the items required by the
standard certificate of live birth as recommended by the United States Public
Health Service, but no certificate to be used under this chapter shall include
any notation of legitimacy or illegitimacy. The entry of the name of the father
of a child or of the surname of the father as the surname of the child on the
certificate of birth pursuant to NRS 440.280 shall
not be considered a notation of legitimacy or illegitimacy within the meaning
of this section.

NRS 440.300Certificate of birth: Supplemental report of name required for
unnamed child.

1. When any certificate of birth of a
living child is presented without the statement of the given name, the local
health officer, the local registrar or the State Registrar shall make out and
deliver to the parents of the child a special blank for the supplemental report
of the given name of the child, which shall be filled out as directed and
returned to the State Registrar as soon as the child shall have been named.

2. The Board shall prescribe by regulation
the time within which a supplementary report furnishing information omitted on
the original certificate may be returned for the purpose of completing the
original certificate.

3. Certificates of birth completed by a
supplementary report shall not be considered as “delayed” or “altered.”

[15:199:1911; A 1941, 381; 1931 NCL § 5249]

NRS 440.303Certificate of birth: Replacement of certificate written in
foreign language; application for and preparation of new certificate written in
English.

1. A person whose birth certificate or
other evidence of birth is written in a language other than English, or the
parent or guardian of the person, may apply to the State Registrar for a birth
certificate in the English language.

2. Application for a birth certificate
pursuant to this section must be made in writing on a form supplied by the
State Registrar and be accompanied by:

(a) The document for which a replacement is
sought.

(b) A translation of the document.

(c) An affidavit executed by the translator
before a person who is authorized to administer oaths, attesting to the
accuracy of the translation.

(d) A certificate from the United States
Citizenship and Immigration Services of the Department of Homeland Security
which establishes that the person who is the subject of the document has
entered the United States legally.

(e) The fee required by this chapter for the
making and certification of the record of any birth by the State Registrar.

3. When the State Registrar receives an
application and the documents required by this section, the State Registrar
shall prepare a birth certificate and clearly mark it on its face: “ISSUED TO
REPLACE A BIRTH RECORD FROM ............... IN THE ................ LANGUAGE.”

(Added to NRS by 1979, 471)

NRS 440.305Certificate of birth: State Registrar to change name on
certificate upon request of certain persons.Upon
request of a person or his or her parent, guardian or legal representative, and
after receipt of a certified copy of an order of the court changing the name of
such person, whether such order was entered prior or subsequent to July 1,
1960, the State Registrar shall indicate the change of name on the certificate
of birth of such person.

(Added to NRS by 1960, 157)

NRS 440.310Certified reports and other documents pertaining to adoption:
Duties of State Registrar; opening of sealed documents upon order of court.

1. Whenever the State Registrar receives a
certified report of adoption or amendment of adoption filed in accordance with
the provisions of NRS 127.157 or the
laws of another state or foreign country, or a certified copy of the adoption
decree, concerning a person born in Nevada, the State Registrar shall prepare
and file a supplementary certificate of birth in the new name of the adopted
person which shows the adoptive parents as the parents and seal and file the
report or decree and the original certificate of birth.

2. Whenever the State Registrar receives a
certified report of adoption, amendment or annulment of an order or decree of
adoption from a court concerning a person born in another state, the District
of Columbia, the Commonwealth of Puerto Rico, a territory or possession of the
United States, or Canada, the report must be forwarded to the office
responsible for vital statistics in the person’s place of birth.

3. Whenever the State Registrar receives a
certified report of adoption or amendment of adoption filed in accordance with
the provisions of NRS 127.157
concerning a person born in a foreign country other than Canada, the State
Registrar shall, if the State Registrar receives evidence that:

(a) The person being adopted is a citizen of the
United States; and

(b) The adoptive parents are residents of Nevada,

Ê prepare and
file a supplementary certificate of birth as described in subsection 1 and seal
and file the report.

4. Sealed documents may be opened only
upon an order of the court issuing the adoption decree, expressly so
permitting, pursuant to a petition setting forth the reasons therefor.

5. Except as otherwise provided in
subsection 2, upon the receipt of a certified copy of a court order of
annulment of adoption, the State Registrar shall seal and file the order and
supplementary certificate of birth and, if the person was born in Nevada,
restore the original certificate to its original place in the files.

NRS 440.315Certificate of birth: Removal of notation of illegitimacy;
application for and issuance of new certificate.Any
person, or any parent or guardian, of a child with respect to whom a
certificate of birth has been issued by this state indicating the illegitimacy
of the person or child may apply to the State Registrar for a new certificate
which does not contain any notation of illegitimacy, and upon such application
the State Registrar shall issue such a certificate.

(Added to NRS by 1971, 135)

NRS 440.325Certificate of birth: Issuance of new certificate upon
establishment of paternity; availability of record on court order; availability
of records to Division of Welfare and Supportive Services of Department of
Health and Human Services.

1. In the case of the paternity of a child
being established by the:

(a) Mother and father acknowledging paternity of
a child by signing a declaration for the voluntary acknowledgment of paternity
developed by the Board pursuant to NRS 440.283; or

(b) Order of a district court,

Ê the State
Registrar, upon the receipt of the declaration or court order, shall prepare a
new certificate of birth in the name of the child as shown in the declaration
or order with no reference to the fact of legitimation.

2. The new certificate must be identical
with the certificate registered for the birth of a child born in wedlock.

3. Except as otherwise provided in
subsection 4, the evidence upon which the new certificate was made and the
original certificate must be sealed and filed and may be opened only upon the
order of a court of competent jurisdiction.

4. The State Registrar shall, upon the
request of the Division of Welfare and Supportive Services of the Department of
Health and Human Services, open a file that has been sealed pursuant to
subsection 3 to allow the Division to compare the information contained in the
declaration or order upon which the new certificate was made with the
information maintained pursuant to 42 U.S.C. § 654a.

NRS 440.327Certificate of birth: Requests for certificates of certain
missing children.The State
Registrar shall not, without a court order to do so, issue to any person or
governmental entity an original or copy of the certificate of birth of a child
who is listed as missing in the bulletin prepared by the Director of the
Clearinghouse for information concerning missing or exploited children pursuant
to NRS 432.160. The State Registrar
shall inform the Director of the Clearinghouse of the name and identifying
information, dates and circumstances of any person or governmental entity
requesting the certificate of birth of such a child without a court order and
any other information which might be helpful in furthering the purposes of NRS 432.150 to 432.220, inclusive.

1. Whoever assumes the custody of a living
child of unknown parentage shall immediately report, on a form to be approved
by the Board, to the local registrar of the registration district in which such
custody is assumed, the following:

(a) Date of finding or assumption of custody.

(b) Place of finding or assumption of custody.

(c) Sex.

(d) Color or race.

(e) Approximate age.

(f) Name and address of the person or institution
with whom the child has been placed for care, if any.

(g) Name given to the child by the finder or
custodian.

2. The place where the child was found or
where custody has been assumed shall be known as the place of birth, and the
date of birth shall be determined by approximation.

3. The foundling report shall constitute
the certificate of birth for such foundling child, and the provisions of this
chapter relating to certificates of birth shall apply in the same manner and
with the same effect to such report.

4. If a foundling child shall later be
identified and a regular certificate of birth be found or obtained, the report
constituting the certificate of birth shall be sealed and filed and may be
opened only upon the order of a court of competent jurisdiction.

[48:199:1911; added 1941, 381; 1931 NCL § 5268.17]

NRS 440.340Registration of stillborn children.

1. Stillborn children or those dead at
birth shall be registered as a stillbirth and a certificate of stillbirth shall
be filed with the local health officer in the usual form and manner.

2. The medical certificate of the cause of
death shall be signed by the attending physician, if any.

3. Midwives shall not sign certificates of
stillbirth for stillborn children; but such cases, and stillbirths occurring
without attendance of either physician or midwife, shall be treated as deaths
without medical attention as provided for in this chapter.

[24:199:1911; A 1941, 381; 1931 NCL § 5258]

RECORDS REGARDING DEATH AND DISPOSITION OF REMAINS

NRS 440.350Form and contents of certificate of death or stillbirth.The certificate of death or of stillbirth that
shall be used is the standard form approved by the United States Public Health
Service.

[Part 7:199:1911; A 1941, 381; 1931 NCL § 5241]—(NRS
A 1977, 351)

NRS 440.360Authentication of personal and statistical information
concerning certificate.The
personal and statistical particulars of the death or stillbirth certificate
shall be authenticated by the name of the informant, who may be any competent
person acquainted with the facts.

[Part 7:199:1911; A 1941, 381; 1931 NCL § 5241]

NRS 440.370Signature required on statement of facts concerning disposition
of body.The statement of facts
relating to the disposition of the body must be signed by the funeral director
or person acting as undertaker or by an authorized representative of the
crematory if the body is cremated.

1. The medical certificate of death must
be signed by the physician, if any, last in attendance on the deceased, or
pursuant to regulations adopted by the Board, it may be signed by the attending
physician’s associate physician, the chief medical officer of the hospital or
institution in which the death occurred, or the pathologist who performed an
autopsy upon the deceased. The person who signs the medical certificate of
death shall specify:

(a) The social security number of the deceased.

(b) The hour and day on which the death occurred.

(c) The cause of death, so as to show the cause
of disease or sequence of causes resulting in death, giving first the primary
cause of death or the name of the disease causing death, and the contributory
or secondary cause, if any, and the duration of each.

2. In deaths in hospitals or institutions,
or of nonresidents, the physician shall furnish the information required under
this section, and may state where, in the physician’s opinion, the disease was
contracted.

NRS 440.390Certificate of stillbirth.The
certificate of stillbirth must be presented by the funeral director or person
acting as undertaker to the physician in attendance at the stillbirth, for the
certificate of the fact of stillbirth and the medical data pertaining to
stillbirth as the physician can furnish them in his or her professional
capacity.

NRS 440.400Use of indefinite or unsatisfactory terms.Indefinite and unsatisfactory terms,
indicating only symptoms of disease or conditions resulting from disease, will
not be held sufficient for issuing a burial or removal permit. Any certificate
containing only such terms as defined by the State Board of Health shall be
returned to the physician for correction and more definite statement.

[Part 7:199:1911; A 1941, 381; 1931 NCL § 5241]

NRS 440.410Manner of defining cause of death.Causes
of death, which may be the result of either disease or violence, shall be
carefully defined; and if from violence, the means of injury shall be stated,
and whether (probably) accidental, suicidal or homicidal.

[Part 7:199:1911; A 1941, 381; 1931 NCL § 5241]

NRS 440.415Pronouncement of death by registered nurse or physician
assistant: Conditions; release of body; regulations.

1. A physician who anticipates the death
of a patient because of an illness, infirmity or disease may authorize a
specific registered nurse or physician assistant or the registered nurses or
physician assistants employed by a medical facility or program for hospice care
to make a pronouncement of death if they attend the death of the patient.

2. Such an authorization is valid for 120
days. Except as otherwise provided in subsection 3, the authorization must:

(a) Be a written order entered on the chart of
the patient;

(b) State the name of the registered nurse or
nurses or physician assistant or assistants authorized to make the
pronouncement of death; and

(c) Be signed and dated by the physician.

3. If the patient is in a medical facility
or under the care of a program for hospice care, the physician may authorize
the registered nurses or physician assistants employed by the facility or
program to make pronouncements of death without specifying the name of each
nurse or physician assistant, as applicable.

4. If a pronouncement of death is made by
a registered nurse or physician assistant, the physician who authorized that
action shall sign the medical certificate of death within 24 hours after being
presented with the certificate.

5. If a patient in a medical facility is
pronounced dead by a registered nurse or physician assistant employed by the
facility, the registered nurse or physician assistant may release the body of
the patient to a licensed funeral director pending the completion of the
medical certificate of death by the attending physician if the physician or the
medical director or chief of the medical staff of the facility has authorized
the release in writing.

6. The Board may adopt regulations
concerning the authorization of a registered nurse or physician assistant to
make pronouncements of death.

(b) “Physician assistant” means a person who
holds a license as a physician assistant pursuant to chapter 630 or 633
of NRS.

(c) “Program for hospice care” means a program
for hospice care licensed pursuant to chapter 449
of NRS.

(d) “Pronouncement of death” means a declaration
of the time and date when the cessation of the cardiovascular and respiratory
functions of a patient occurs as recorded in the patient’s medical record by
the attending provider of health care in accordance with the provisions of this
chapter.

1. In case of any death occurring without
medical attendance, the funeral director shall notify the local health officer,
coroner or coroner’s deputy of such death and refer the case to the local
health officer, coroner or coroner’s deputy for immediate investigation and
certification.

2. Where there is no qualified physician
in attendance, and in such cases only, the local health officer is authorized
to make the certificate and return from the statements of relatives or other
persons having adequate knowledge of the facts.

3. If the death was caused by unlawful or
suspicious means, the local health officer shall then refer the case to the
coroner for investigation and certification.

4. In counties which have adopted an
ordinance authorizing a coroner’s examination in cases of sudden infant death
syndrome, the funeral director shall notify the local health officer whenever
the cause or suspected cause of death is sudden infant death syndrome. The
local health officer shall then refer the case to the coroner for investigation
and certification.

5. The coroner or the coroner’s deputy may
certify the cause of death in any case which is referred to the coroner by the
local health officer or pursuant to a local ordinance.

1. Any coroner whose duty it is to hold an
inquest on the body of any deceased person, and to make the certificate of
death required for a burial permit, shall state in the coroner’s certificate
the name of the disease causing death, or, if from external causes:

(a) The means of death; and

(b) Whether (probably) accidental, suicidal or
homicidal.

2. In either case, the coroner shall
furnish such information as may be required by the Board in order to classify
the death properly.

[Part 8:199:1911; A 1937, 162; 1931 NCL § 5242]

NRS 440.433Notice to parents or guardian of autopsy upon body of minor;
placement of internal organs.

1. When an autopsy is performed upon the
body of a minor, the person who orders the autopsy shall make a diligent effort
to give the parents or guardian of the minor notice of the autopsy in person,
by telephone or by mail.

2. The internal organs must, if feasible,
be kept with the body after such an autopsy is completed.

1. The board of county commissioners of
any county may provide by ordinance that in all cases where the cause or
suspected cause of a death is sudden infant death syndrome, the coroner may
take possession of the body, exhuming the body if necessary, and authorize the
performance of a postmortem examination thereon. Such examination may include
an analysis of the stomach, stomach contents, blood, organs, fluids or tissues
of the body.

2. The findings resulting from the
examination performed under subsection 1, including the opinions and
conclusions of the examining physician, shall be reduced to writing and
included in the coroner’s record of death. The coroner shall file a copy of
such report with the State Registrar.

(Added to NRS by 1975, 1415)

NRS 440.437Death caused by sudden infant death syndrome: Report by State
Registrar.The State Registrar
shall annually publish a report specifying the number of postmortem
examinations performed, pursuant to NRS 440.435,
where the cause or suspected cause of death was sudden infant death syndrome.
Such report shall also specify the number of such cases in which the cause of
death was determined by the coroner to be sudden infant death syndrome.

(Added to NRS by 1975, 1415)

NRS 440.440Duties of funeral director and sheriff upon death of unknown
person.

1. In any case of a death occurring to
anyone whose identity is unknown, before burying the body the funeral director
shall annex to the certificate of death a certificate from the sheriff that the
sheriff has on file in his or her office the fingerprints of the body.

2. Sheriffs of the respective counties
shall maintain in their respective offices a file known as the unidentified
deceased persons file. Sheriffs shall, without further compensation, see that
such fingerprints are obtained as provided in this section and placed in the
file as a public record.

[Part 8:199:1911; A 1937, 162; 1931 NCL § 5242]—(NRS
A 1983, 135)

NRS 440.450Prerequisites to disposal of body.The
funeral director or person acting as undertaker is responsible for obtaining
and filing the certificate of death with the local health officer, or his or her
deputy, in the registration district in which the death occurred, and for
securing a burial or removal permit prior to any disposition of the body.

[Part 9:199:1911; RL § 2960; NCL § 5243]—(NRS A 1983,
135)

NRS 440.460Personal and statistical information.The
funeral director or person acting as undertaker shall obtain the personal and
statistical particulars required from the person best qualified to supply them,
over the signature and address of his or her informant.

[Part 9:199:1911; RL § 2960; NCL § 5243]—(NRS A 1983,
136)

NRS 440.470Presentation of certificate.The
funeral director or person acting as undertaker shall present the certificate
to the attending physician, if any, or to the health officer or coroner, for
the medical certificate of the cause of death and other particulars necessary
to complete the record.

[Part 9:199:1911; RL § 2960; NCL § 5243]—(NRS A 1983,
136)

NRS 440.480Statement as to disposition of body.The
funeral director or person acting as undertaker shall state the facts required
relative to the date and place of burial over his or her signature and with his
or her address.

[Part 9:199:1911; RL § 2960; NCL § 5243]—(NRS A 1983,
136)

NRS 440.490Presentation of completed certificate of death to local
registrar.The funeral director or
person acting as undertaker shall present the completed certificate of death to
the local registrar within 72 hours after the occurrence or discovery of the
death. If a case is referred to the coroner, he or she shall present a completed
certificate to the local registrar upon disposition of the investigation.

NRS 440.495Notification of county clerk or registrar of voters.Upon presentation of a completed certificate
of death, the county health officer shall send a certified copy of the
certificate of death or a certified list of any person who, at the time of
death was 17 years of age or older, to the county clerk or registrar of voters
of the county where the deceased person resided. Each certified list must
contain the social security numbers of the persons whose names are included on
the list.

1. Except as provided in subsections 2 and
3, if a certificate of death is properly executed and complete, the local
health officer shall then issue a burial or removal permit to the funeral
director. The permit must indicate the name of the cemetery, mausoleum,
columbarium or other place of burial where the human remains will be interred,
inurned or buried.

2. In case the death occurred from some
disease that is held by the Board to be infectious, contagious, or communicable
and dangerous to the public health, no permit for the removal or other
disposition of the body may be granted by the local health officer except under
such conditions as may be prescribed by the Board.

3. The Board may by regulation provide for
the issuance of the burial transit permit prior to the filing of the completed
death certificate if that requirement would result in undue hardship.

NRS 440.510Contents of burial permit.If
the interment or other disposition of the body is to be made within the State,
the wording of the burial permit may be limited to a statement by the local
health officer and over his or her signature that a satisfactory certificate of
death having been filed with him or her as required by law, permission is
granted to inter, remove or otherwise dispose of the body of the deceased. The
permit must include the name, age, sex, social security number and cause of
death of the decedent, the name of the place where the human remains will be
interred, inurned or buried, and any other details required on the form
prescribed by the Board.

1. Deliver the burial permit to the sexton
or person in charge of the place of burial, before interring or otherwise
disposing of the body.

2. Attach the removal permit to the box
containing the body, when shipped by any transportation company.

[Part 9:199:1911; RL § 2960; NCL § 5243]—(NRS A 1983,
136)

NRS 440.530Burial permit to accompany body.The
permit shall accompany the body to its destination, where, if within the State
of Nevada, it shall be delivered to the sexton or to any other person in charge
of the place of burial.

[Part 9:199:1911; RL § 2960; NCL § 5243]

NRS 440.540Necessity for permit to inter more than 72 hours after death;
removal of body to another registration district.

1. Except as provided in subsection 2, the
body of any person whose death occurs in this state shall not be interred,
deposited in a vault or tomb, cremated or otherwise disposed of, removed from
or into any registration district, or be held temporarily pending a further
disposition more than 72 hours after death, until a permit for burial or removal
or other disposition thereof has been properly issued by the local health
officer of the registration district in which the death occurred.

2. If the person who is to certify the
cause of death consents, a body may be moved from the place of death into
another registration district to be prepared for final disposition.

[Part 23:199:1911; RL § 2974; NCL § 5257]—(NRS A
1977, 353)

NRS 440.550Body transported from another state.When
a dead body is transported by a common carrier into a local health district in
Nevada for burial, the transit and removal permit, issued in accordance with
the law and health regulations of the place where the death occurred, shall be
accepted by the local health officer of the district into which the body has
been transported for burial or other disposition as a basis upon which he or
she shall issue a local burial permit in the same way as if the death occurred
in his or her district. The local health officer shall plainly enter upon the
face of the burial permit the fact that it was a body shipped in for interment,
and give the actual place of death.

[Part 23:199:1911; RL § 2974; NCL § 5257]—(NRS A
1977, 353)

NRS 440.560Interment without burial permit prohibited.No sexton or other person in charge of any
premises in which interments are made shall inter or permit the interment or
other disposition of any body unless it is accompanied by a burial, removal or
transit permit as provided in this chapter.

[Part 11:199:1911; RL § 2962; NCL § 5245]

NRS 440.570Validity of burial permit in another district.A burial permit shall not be required from the
local health officer of the district in which interment is made when a body is
removed from one district in Nevada to another in this state for the purpose of
burial or other disposition, either by common carrier, hearse or other
conveyance.

[Part 23:199:1911; RL § 2974; NCL § 5257]

NRS 440.580Signature, endorsement and return of permit.Each sexton or person in charge of any burial
ground shall endorse upon the permit the date of interment, over his or her
signature, and shall return all permits so endorsed to the local health officer
of his or her district within 10 days from the date of interment or within the
time fixed by the local health officer or by the Board.

[Part 11:199:1911; RL § 2962; NCL § 5245]

NRS 440.590Records of interments.

1. Each sexton or person in charge of any
burial ground shall keep a record of all interments made in the premises under
his or her charge, stating:

(a) The name of the deceased person.

(b) The place of death.

(c) The date of burial.

(d) The name and address of the funeral director.

2. The record must be open to public
inspection at all times.

[Part 11:199:1911; RL § 2962; NCL § 5245]—(NRS A
1983, 136)

RECORDS OF MARRIAGE

NRS 440.595Filing with State Registrar; duties of county recorder, certain
county clerks and State Registrar.

1. A record of each marriage performed in
this State must be filed with the State Registrar as provided in this section.

2. Each county recorder and each county
clerk that is required to file certificates of marriage shall, on or before the
10th day of the following month, forward to the State Registrar the information
contained on each certificate of marriage delivered to him or her during the
preceding month. The information must be forwarded in a form approved by the
Division of Public and Behavioral Health of the Department of Health and Human
Services.

3. The State Registrar shall enter in the
records of the State Registrar the names of the parties, the date of the
marriage and the county in which it was performed and recorded.

NRS 440.600County clerk required to report number of marriage licenses issued.On or before January 10 and July 10 of each
year the county clerks of the several counties shall transmit to the State
Registrar the number of marriage licenses issued by them during the preceding 6
months.

NRS 440.605Reports to be filed by clerk of district court with State
Registrar; fees.

1. For each divorce and annulment of
marriage granted by any court in this state a report must be prepared and filed
by the clerk of the district court with the State Registrar. The information
necessary to prepare the report must be furnished, with the complaint in the
action, to the clerk of the district court by the complainant or the complainant’s
legal representative on the form furnished by the State Registrar.

2. On the first business day of each month
the clerk of the district court shall forward to the State Registrar the report
of each divorce and annulment granted during the preceding calendar month.

3. Every clerk of the district court shall
collect, at the time the complaint is filed in any action for divorce or
annulment of marriage, a fee of $10, which the clerk shall forward to the State
Controller to be deposited in the State General Fund. This fee is in addition
to the other costs in the case.

NRS 440.610Certificate as prima facie evidence.Each
certificate, as provided for in this chapter, filed within 6 months after the
time prescribed for their filing, shall be prima facie evidence of the facts
therein stated. Data pertaining to the father of a child is such evidence if
the alleged father is, or becomes, the husband of the mother in a legal
marriage; if not, the data pertaining to the father of a child is not such
evidence in any civil or criminal proceeding adverse to the interests of the
alleged father, or of his heirs, devisees or other successors in interest, if
the paternity is controverted.

[20a:199:1911; added 1941, 381; 1931 NCL § 5254.01]

NRS 440.620Proof required for filing of delayed certificate.The acceptance for filing of any certificate
by the State Registrar more than 1 year after the time prescribed for its
filing shall be subject to regulations in which the Board shall prescribe in
detail the proofs to be submitted by any applicant for delayed filing of a
certificate.

1. Certificates accepted subsequent to 1
year after the time prescribed for filing and certificates which have been
altered after being filed with the State Registrar shall contain the date of
the delayed filing and the date of the alteration and be marked distinctly
“Delayed” or “Altered.”

2. After a certificate has been accepted
for delayed filing or after the Board has permitted an alteration of a
certificate on file, the alteration shall be noted by the State Registrar on
the reverse side of the certificate, together with a summary statement of the
evidence submitted in support of the alteration.

3. All the evidence affecting the
alteration of a certificate, after it has been filed with the State Registrar,
shall be kept in a special permanent file.

NRS 440.640Delayed or altered certificates as evidence.The admissibility in evidence of a “delayed”
or “altered” certificate shall be subject to the discretion of the court,
judicial or administrative body or official to whom any such certificate is
offered as evidence.

[44:199:1911; added 1941, 381; 1931 NCL § 5268.13]

CERTIFIED COPIES OF RECORDS; FEES OF STATE AND LOCAL
REGISTRARS

NRS 440.650Issuance of certified copy of certificate; limitation.

1. Upon request, the State Registrar shall
furnish any applicant a certified copy of the record of any birth or death
registered under the provisions of this chapter.

2. The State Registrar shall not issue a
certified copy of a certificate or parts thereof unless the State Registrar is
satisfied that the applicant therefor has a direct and tangible interest in the
matter recorded, subject, however, to review by the Board or a court of
competent jurisdiction under the limitations of NRS
440.170.

NRS 440.660Certified copy of record of birth or death is prima facie
evidence.Any copy of the record
of a birth or death when properly certified by the State Registrar to be a true
copy thereof shall be prima facie evidence in all courts and places of the
facts therein stated.

1. Upon request, the State Registrar shall
supply to any applicant a certificate reciting the birth date, sex, race and
birthplace of any person whose birth is registered under the provisions of this
chapter. The certificate must show that the data therein contained is as
disclosed by the record of the birth.

2. The Board may, by regulation, authorize
county health officers to issue such certificates. The Board shall determine
the standard form for the abstracted certificates.

3. Every such certificate is prima facie
evidence in all courts and places of the facts therein stated.

1. The State Registrar shall keep a true
and correct account of all fees received under this chapter.

2. The money collected pursuant to
subsection 2 of NRS 440.700 must be remitted by the
State Registrar to the State Treasurer for credit to the Children’s Trust
Account created by NRS 432.131. The
money collected pursuant to subsection 3 of NRS 440.700
must be remitted by the State Registrar to the State Treasurer for credit to
the Review of Death of Children Account created by NRS 432B.409. Any money collected
pursuant to subsection 5 of NRS 440.700 must be
remitted by the State Registrar to the county treasurers of the various
participating counties for credit to their accounts for the support of the
offices of the county coroners created pursuant to NRS 259.025. Any other proceeds accruing
to the State of Nevada under the provisions of this chapter may be used by the
Division of Public and Behavioral Health of the Department of Health and Human
Services to administer and carry out the provisions of this chapter and any
regulations adopted pursuant thereto.

NRS 440.700Fees for services and copies of certificates; certificates
available without fee to certain persons.

1. Except as otherwise provided in this
section, the State Registrar shall charge and collect a fee in an amount
established by the State Registrar by regulation:

(a) For searching the files for one name, if no
copy is made.

(b) For verifying a vital record.

(c) For establishing and filing a record of
paternity, other than a hospital-based paternity, and providing a certified
copy of the new record.

(d) For a certified copy of a record of birth.

(e) For a certified copy of a record of death
originating in a county in which the board of county commissioners has not
created an account for the support of the office of the county coroner pursuant
to NRS 259.025.

(f) For a certified copy of a record of death
originating in a county in which the board of county commissioners has created
an account for the support of the office of the county coroner pursuant to NRS 259.025.

(g) For correcting a record on file with the
State Registrar and providing a certified copy of the corrected record.

(h) For replacing a record on file with the State
Registrar and providing a certified copy of the new record.

(i) For filing a delayed certificate of birth and
providing a certified copy of the certificate.

(j) For the services of a notary public, provided
by the State Registrar.

(k) For an index of records of marriage provided
on microfiche to a person other than a county clerk or a county recorder of a
county of this State.

(l) For an index of records of divorce provided
on microfiche to a person other than a county clerk or a county recorder of a
county in this State.

2. The fee collected for furnishing a copy
of a certificate of birth or death must include the sum of $3 for credit to the
Children’s Trust Account created by NRS
432.131.

3. The fee collected for furnishing a copy
of a certificate of death must include the sum of $1 for credit to the Review
of Death of Children Account created by NRS
432B.409.

4. The State Registrar shall not charge a
fee for furnishing a certified copy of a record of birth to:

(a) A homeless person who submits a signed
affidavit on a form prescribed by the State Registrar stating that the person
is homeless.

(b) A person who submits documentation from the
Department of Corrections verifying that the person was released from prison
within the immediately preceding 90 days.

5. The fee collected for furnishing a copy
of a certificate of death originating in a county in which the board of county
commissioners has created an account for the support of the office of the
county coroner pursuant to NRS 259.025
must include the sum of $1 for credit to the account for the support of the
office of the county coroner of the county in which the certificate originates.

6. Upon the request of any parent or
guardian, the State Registrar shall supply, without the payment of a fee, a
certificate limited to a statement as to the date of birth of any child as
disclosed by the record of such birth when the certificate is necessary for
admission to school or for securing employment.

7. The United States Bureau of the Census
may obtain, without expense to the State, transcripts or certified copies of
births and deaths without payment of a fee.

1. If a board of county commissioners
creates an account for the support of the county coroner pursuant to NRS 259.025, a district health officer who
provides a certified copy of a record of death originating in that county shall
charge and collect, in addition to any other fee therefor, the sum of $1 for
the support of the office of the county coroner created pursuant to NRS 244.163.

2. The district health officer shall remit
any money collected pursuant to this section to the county treasurer of the
county in which the certificate originates for credit to the account for the
support of the office of the county coroner created pursuant to NRS 259.025.

NRS 440.720Neglect or refusal of physician to execute medical certificate
of death.Any physician who was in
medical attendance upon any deceased person at the time of death who neglects
or refuses to make out and deliver to the funeral director, sexton or other
person in charge of the interment, removal or other disposition of the body,
upon request, the medical certificate of the cause of death shall be punished
by a fine of not more than $250.

NRS 440.730False certification of cause of death by physician.If any physician knowingly makes a false
certification of the cause of death in any case, the physician shall be
punished by a fine of not more than $250.

NRS 440.735Signature of uncompleted certificate of death.It is unlawful for any person to affix his or
her signature to an uncompleted death certificate.

(Added to NRS by 1977, 661)

NRS 440.740Failure or refusal to file certificate of birth with local
health officer.Any physician or
midwife in attendance upon a case of confinement or any person charged with
responsibility for reporting births who neglects or refuses to file a proper
certificate of birth with the local health officer within the time required by
law shall be punished by a fine of not more than $250.

NRS 440.750Interment, removal or other disposition of dead body without
permit.Any funeral director,
sexton or other person in charge of the disposal who inters, removes or
otherwise disposes of the body of any deceased person without having received a
burial or removal permit shall be punished by a fine of not more than $250.

NRS 440.760Alteration of certificate of birth or death.Any person who shall willfully alter any
certificate of birth or death, or the copy of any certificate of birth or
death, on file in the office of the local or State Board of Health, shall be
guilty of a misdemeanor.

[Part 21:199:1911; RL § 2972; NCL § 5255]—(NRS A
1967, 578)

NRS 440.765Use or possession of certificate of birth of another person.

1. It is unlawful for any person to obtain
or possess the birth certificate of another for the purpose of establishing a
false identity for himself or herself or any other person.

2. A person who has in his or her
possession the birth certificate of another person without lawful reason for
being in possession of the birth certificate or who uses the birth certificate
of another in the commission of a misdemeanor, is guilty of a misdemeanor.

3. A person who has in his or her
possession two or more birth certificates of other persons without lawful
reason for being in possession of the birth certificates or who uses the birth
certificate of another person in the commission of a gross misdemeanor is
guilty of a gross misdemeanor.

4. A person who uses the birth certificate
of another person to aid in the commission of a felony is guilty of a category
D felony and shall be punished as provided in NRS 193.130.

5. The offenses described in this section
are separate from the primary offense if any, and the unlawful possession of a
birth certificate is a separate offense from its unlawful use.

NRS 440.770Furnishing false information for certificate of birth or death.Any person who furnishes false information to
a physician, funeral director, midwife or informant for the purpose of making
incorrect certification of births or deaths shall be punished by a fine of not
more than $250.

NRS 440.773Sale for profit of copy or abstract of certificate of marriage.Any person who sells or offers to sell for a
profit a copy of a certificate of marriage or an abstract of a recorded
certificate of marriage issued by a county clerk or county recorder is guilty
of a misdemeanor. Each sale or offer to sell such a certificate constitutes a
separate violation of this section. This section does not apply to fees charged
by a county clerk or county recorder.

NRS 440.780Violation of chapter or regulations of Board.Every person violating any of the provisions
of this chapter or refusing or neglecting to obey any lawful order, rule or
regulation of the Board shall be guilty of a misdemeanor.